British/Irish Citizen

[NickP]

Now here's a question, My wife is a British citizen and carries a British passport. Due to her parents both being born in Ireland she is automatically; under Irish law an Irish citizen. So after Brexit can she claim EU freedom of movement, even though she has a British passport, or would she have to obtain an Irish passport? I think I know the answer, but just thought it's interesting what quirks this situation post-Brexit will throw up.

[woolybanana]

Maybe get the Irish passport first and ask the question afterwards as no one yet knows.

[andyh4]

To have freedom of movement under Irish heritage you would need to be able to prove that at any border or control. Therefore you would need an Irish passport.

[idun]

Just apply for an Irish passport, I know quite a few people who have, even though they weren't born there or ever lived there.

[JSKS]

Although she doesn't need an Irish passport to establish her automatic Irish citizenship, it is the only practical way of proving nationality in the absence of a national ID card. And while it is highly unlikely that the nationality rules in Ireland will change, it might be worth getting the passport now to establish her nationality formally.

I'm a dual national and the only thing to remember is that you must exit a country on the same passport on which you entered.

Any children she has can claim citizenship through her parents but not through her - you can only claim citizenship as an offspring if your parent was born on the island of Ireland.

Claiming citizenship through an Irish-born grandparent is a bit more complicated for those born after 1 Jan 2005 - the details are on the Irish immigration website.

Finally the rules apply whether the person through whom one claims nationality was born North or South of the border meaning that you could have a parent born in Belfast, say, who has always been a British citizen yet is your portal to Irish nationality.

And Irish passports are cheaper than British ones!

[NickP]

Yes your right JSKS, our son got his Irish passport through his Grandparents. I just thought it was interesting and might help out some other person who is nervous about the future. What I don't understand though is how do they check your passport as a UK citizen, when after entering France through UK/French customs, you travel to Spain or Italy etc. Are they going to build passport booths for Brits? LOL Interesting times.

[andyh4]

Once you enter the Schengen area you are just like any other migrant. You have free movement until/unless you are checked and found to not have the necessary papers for the country in question.

[woolybanana]

Years ago I knew someone who had a Swiss passport as well as their UK one. She had to be very careful to enter and leave the EU or UK on the same passport otherwise the Donald Trump of Passport control would have got her in his clutches.

[Debra]

Yes and if she gets her Irish Passport to prove that she is still an EU Citizen after brexit, if she is exercising treaty rights that would mean you could also retain freedom of  movement as her family member.  I recommend that those with an EU Citizen spouse apply for their carte de sejour UE/EEE/SUISSE as a family member for this reason and still before the cut off date because it still acts as proof that you were here before the exit day and so will have rights under the withdrawal agreement, if it's ratified.

It may seem like it's not necessary to get one now (though you will need one later) if your spouse is an EU Citizen who is exercising treaty rights but getting one to prove your rights under the withdrawal agreement means you get the guarantees re social security, healthcare and pensions as well as the improved up to 5 year right of return without loss of permanent residence rights.